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Maharashtra Electricity Regulatory Commission Vs. Reliance Energy Ltd. ...

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 2(4), 3, 14, 16, 42, 42(5), 42(6), 45(5), 55(2), 57, 61, 62, 76, 76(1), 79, 79(1), 82, 83, 84, 85, 85(1), 86, 86(1), 86(2), 94, 96, 125, 126, 127, 128, 128(1), 128(5), 128(6), 129, 142, 143, 163 and 181; Indian Electricity Act, 1910; Electricity Supply Act, 1948; Electricity Regulatory Commissions Act, 1998 - Sections 17; Maharashtra Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Ombudsman) Regulations, 2003

Reported in : AIR2008SC976; 2007(4)AWC3662(SC); 2008(1)BomCR738; JT2007(10)SC365; 2007(10)SCALE279; (2007)8SCC381; [2007] 9 SCR 9

Civil Appeal No. 2846 of 20061. This appeal under Section 125 of the of the Electricity Act, 2003 (hereinafter for short 'the Act') is directed against the judgment and order dated 29th March, 2006 passed by … of the State) Electricity Regulatory Commission:Provided that the State Electricity Regulatory Commission, established by a State Government under Section 17 of the Electricity Regulatory Commissions Act, 1998 (14 of 1998) and the enactments specified in the Schedule, and

Vidyut Upbhokta Association Society and anr. Vs. Union of India (Uoi) ...

Court : Madhya Pradesh

Subject : Electricity

Acts : Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000 - Sections 2, 3, 4, 4(1), 5, 5(1) and 60; Indian Electricity Act, 2003 - Sections 2(43), 17, 17(1), 82, 82(1), 84, 84(1), 84(2), 85, 85(1), 185 and 185(3); Electricity Regulatory Commission Act, 1998 - Sections 17, 17(5), 17(6) and 18; Companies Act, 1956 - Sections 4A(1); Indian Electricity Act, 1910; Electricity (Supply) Act, 1948; General Clauses Act, 1897 - Sections 6

Reported in : 2006(1)MPHT379; 2005(4)MPLJ397

short 'V.S. Act') are ultravires as these sections are inconsistent with Sections 84 and 85 of the Indian Electricity Act, 2003 (for short 'the Central Act' or 'Electricity Act') and therefore, stood repealed under Section 185 of the Electricity … return. They have denied the contentions of the petitioner. They stated that initially the Commission was constituted under Section 17 of the Electricity Regulatory Commission Act, 1998 (for short 'Old Regulatory Commission Act'). The first Chairperson of the

M/S. Abraham Memorial Educational Trust and Others Vs. C. Suresh Babu

Court : Chennai

Subject : Education

Goa Coaching Classes (Regulation) Act, 2001; Section 17(2)(a) of The Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003; Section 23(2)(a) of The Tamil Nadu Groundwater (Development and Management) Act, 2003; Section 10(1)(a) of The Tamil Nadu Schools

T.S.T. Kaznavi Vs. Tamil Nadu Electricity Board Rep. by Its Chairman,

Court : Chennai

Subject : Property

Acts : Land Acquisition Act; Electricity Act, 2003 - Sections 2(17), 2(28), 2(29), 2(32), 2(67), 2(72), 2(73), 2(77), 39(1), 67(2), 68, 164, 173, 174, 175, 185 and 185(2); Indian Telegraph Act, 1885 - Sections 10, 16, 16(1) and 16(3); Electricity Act, 1910 - Sections 2, 12 to 19 and 51; Electricity (Supply) Act, 1948 - Sections 42 and 51; Consumer Protection Act, 1986; Atomic Energy Act, 1962; Railways Act, 1989; The Works of Licensees Rules, 2006; Electricity Regulatory Commission Act, 1998; Indian Penal Code (IPC), 1860 - Sections 188

Reported in : (2008)2MLJ703

has filed counter affidavit. According to the respondent Electricity Board, as per Sections 164 and 185(2)(a) of the Electricity Act, 2003, the Board has the power of the 'Telegraph Authority' under the Indian Telegraph Act, 1885, with regard to … to 16, 18 and 19 of the Indian Electricity Act, 1910 and without prejudice to the requirement of Section 17 of the said Act. Section 42 of the Electricity (Supply) Act, 1948 is as follows:42. Powers to Board

N.M. Giri S/O S.N. Muniswami, Vs. Amr Power Pvt. Ltd.,

Court : Karnataka

Subject : ElectricityProperty

Acts : Electricity Act, 2003 - Sections 2(49) and 164; Indian Telegraph Act, 1885 - Sections 10 to 19, 19A, 16 and 17; Electricity Supply Act, 1943 - Sections 28(1) and 29; Electricity Act, 1910; Constitution of India - Article 226

Reported in : 2009(6)KarLJ267; 2009(6)AIRKarR44

writ petitions the petitioners are essentially questioning the notification issued by the State under Section 164 of the Electricity Act, 2003 (for short the Act').3. The facts germane far the disposal of thee we petitions are as follows:In both … that in identical case this Court has taken a view that a private company can have recourse to Section 17 of the Indian Telegraph Act for removal of any obstruction.6. Mr. N.K. Gupta, learned Counsel appearing for the

Kanan Devan Hill Plantations Company Pvt. Ltd. Munnar and Others Vs. K ...

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

transfer the asset to the appellant as per the Joint-Venture Agreement with the approval of the Commission under section 17 (3) of the Electricity Act, 2003. c) Clause 9.1.2 of the JVA provides for facilitation of notification of … respect of each of the appellants. It is contended as follows:- a) As per the provisions of the Electricity Act, 2003 , the Commission has to decide the price of power to be purchased by the distribution licensees either … Bulk Supply Tariff is not included under Section 62 of the Act carries no force because under the Act, 2003, Section 2(70) ‘supply’ in relation to electricity means the sale of electricity to a consumer as also to a

The Chairman, Tantransco, Chennai Vs. the District Collector, Thiruval ...

Court : Chennai

Subject : Land Acquisition

approved the scheme through G.O.Ms.No.102, Energy Department, dated 10.12.2009 as provided under Sections 68 and 164 of the Electricity Act, 2003. The petitioner is exercising the power, which the Telegraph Authority possess under the Indian Telegraphic Act, 1885 under … the second respondent on the other hand submitted that the District Collector is empowered to pass orders under Section 17 of the Indian Telegraph Act including to order re-alignment. The learned Senior Counsel also submitted that the District

Tata Steel Ltd. and ors. Vs. Jharkhand State Electricity Board and ors ...

Court : Jharkhand

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 56(1), 56(2), 62(2), 64, 64(2), 181, 185 and 185(2); Electricity Regulatory Commission Act, 1998 - Sections 17, 22(1), 22(2), 29, 45, 82 and 85(1); Bihar Reorganisation Act, 2000 - Sections 62(4); Electricity (Supply) Act, 1948; Indian Electricity Act, 1910; Jharkhand State Electricity Regulatory Commission (Tariff) Regulations, 2003 - Regulations 20 and 21

Reported in : AIR2008Jhar60; 2008(56)BLJR412; [2008(1)JCR580(Jhr)]

by the JSERC, which also provides for Load Factor Rebate for such consumer.4. JSERC has been constituted Under Section 17 of the Electricity Regulatory Commission Act, 1998 vide notification dated 22nd August, 2002 issued by the Department of … supplementary bill(s) cannot be raised for a period beyond two years in view of Section 56(2) of the Electricity Act, 2003;(iv) to refund the amount, which was realized by the JSEB as against the supplementary bill(s) with interest [this

Raunaks Coirs Limited and anr. Vs. W.B.State Electricity Distribution ...

Court : Kolkata

Subject : Education

also attracted to the provisions contained in the Limitation Act particularly Section 29 of the Limitation Act and Section 17 etc.Section 56(1) of the Electricity Act, 2003 enables electric distribution company to make disconnection of supply in default … for a span of period of beyond two years relying upon provisions contained in Section 56(2) of the Electricity Act, 2003. Aggrieved by the order the appeal has been preferred. Mr.S.Sanyal, learned Counsel appearing on behalf of the appellant

R.Santhana Raj Vs. the Chief Engineer

Court : Chennai

Subject : Electricity

Acts : Indian Electricity Act, 1910 - Sections 12(2), 17; Electricity Act, 2003 - Sections 185, 67 (2)(a) to (d); Telegraph Act, 1885 - Sections 10, 11; Works of Licensees Rules 2006 - Rule 3(1)(a); Land Acquisition Act, 1894; Code of Civil Procedure (CPC), 1908 - Order 21 Rule 97; Indian Penal Code (IPC), 1860 - Sections 225, 188; Customs Act, 1962 - Section 133; Works of Licensees Rules, 2006 - Rule 3(1) to (3)

12(2) of the Indian Electricity Act, 1910, since the 1910 Act was repealed by Section 185 of the Electricity Act, 2003. According to the learned Standing Counsel, the only right that the petitioners have, is to claim compensation and … 16 and 18 and 19 of the Indian Electricity Act, 1910, but without prejudice to the requirements of Section 17 of the 1910 Act, the Board shall have all the powers of the Telegraph Authority under Part III